6" FEDERAL ELECTION COMMISSION WASHOCIO. 0 C MW3 11 n THIS ISTHE EGINIM OF MIJR # DATE FIUMD 1-31- " *,RA so. CMRM As to ,FDEPAL It-;,, BEFORE THE FEDERAL ELECTION COMMISSION 89 SEr -7 A 11: 11 BILLY A. FRANKLIN, Complainant, V. No. IldkKC 9Wg DAVID K. McCLOUD c/o 493 Russell Senate Office Building Washington, D. C. 20510 and THE ROBB FOR SENATE COMMITTEE c/o Russell Senate Office Building Washington, D. C. 20510 Respondents. COMPLAINT 1. This Complaint is filed by and on behalf of CA Billy A. Franklin, 1836 Green Hill Road, Virginia Beach, Virginia. BACKGROUND 2. The Complainant, Billy A. Franklin, is a duly licensed attorney and a private investigator and has conducted business in both professions in the City of Virginia Beach, Virginia. 3. During his term of office as Governor of Virginia, Senator Charles S. Robb was the subject of frequent and numerous rumors and stories regarding drug usage, exotic social conduct and association with various questionable people. 4. During the Summer of 1986,, the Complainant was retained by an individual to ascertain the truth or falsity of such rumors, the legality of the conduct of then Governor Robb and the possibility of liability referring to such stories in a book on Virginia politics. 5. The stories and rumors had been widely circulated around the State and had actually been the subject of numerous articles and accounts in both the print and visual media. (See Washington Post article dated 5/17/87 and Virginian-Pilot article dated 8/28/88 attached hereto and marked Exhibits "All and "B"). P14% 6. During the course of his work, the Complainant began P41 to uncover information and individuals that had not been previously discussed in news accounts. 7. In an effort to intimidate the investigation, bring it to a premature termination and to manipulate the press coverage of the matter, David K. McCloud, on behalf of the Robb for Senate Committee, filed a Complaint with the Federal Election Commission. 0 8. The aforementioned Complaint was devoid of factual information and lacked in specific allegations of any violation of any statute or regulation. VIOLATION 9. The Complaint was filed by David K. McCloud on August 12, 1988. 10, 7hat contemporaneously with the filing of such Complaint, to the best of this Complainant's knowledge and belief, either David K. McCloud, or an agent of the Robb for Senate Committee, "leaked" the contents of such Complaint to Robert Melton, a reporter with The Washington Post and various other reporters in order to obtain a favorable "spin" of news accounts of the incident for Senator Robb. (See Washington Post articles dated 8/30/88 attached hereto and marked as Exhibit "Cl" and "C2"). 11. That such actions by either McCloud or the agent for the Robb for Senate Committee were a knowing and willful violation of 2U.S.C. 437g (12) (A) (B) and 11 C.F.R. Ch.1, 111.21. 12. That contemporaneously with the filing of such Complaint and Addendum thereto dated August 26, 1988, to the best of this Complainant's knowledge and belief, either David K. McCloud, or an agent of the Robb for Senate Committee, "leaked" the contents thereof to Rose Ellen O'Connor, a reporter with The Virginian-Pilot and Ledger-Star, and various other reporters in order to obtain a favorable "spin" of news accounts of the incident for Senator Robb. C (See Ledger-Star article dated 9/15/88 attached hereto and marked as Exhibit "D"). 13. That such actions by either McCloud or the agent for the Robb for Senate Committee were a knowing and willful violation of 2 U.S.C. 437g (12) (A) (B) and 11 C.F.R. Ch.l, 111.21. 14. That contemporaneously with the filing of such Complaint and Third Addendum thereto dated July 6, 1989, to the best of this Complainant's knowledge and belief, either David K. McCloud, or an agent of the Robb for Senate Committee, "leaked" the 0W . 0 contents thereof to R. H. Melton, a reporter with The Washington Post and various other reporters in order to obtain a favorable "spin" of news accounts of the incident for Senator Robb (See Washington Post article of 7/7/89 and Virginian-Pilot and Ledger- Star article of 7/9/89 attached hereto and marked as Exhibit "El" and "E2"). CONCLUS ION WHEREFORE, Billy A. Franklin requests that the General Counsel of the Federal Elections Commission recommend that the Commission find probable cause to believe that the Robb for Senate Committee released, or caused to be released, information in their Complaint, Addendum and Third Addendum to the Complaint, without the prior written consent of the Respondent, as required by 2 U.S.C. 0 437g (12) (A) (B). C'T Billy A. irnkin Subscribed and sworn to before me this C2L day of August, 1989, in the City of Norfolk, State of Virginia. Notf y (Cynthia M. Upson) My Commission Expires: 2- - 5/ AY, h9O17,1 137 Robb Loves Beach, Sun, Fun Wife. C 1;~iai~'I110111111111 *r Kl- hler r'd ."the 11a11"'lid. "ftly reit Ill lr . good looki. stoppelr trIt.llt, ye, r'old developer. who i4 very bikini whenever site -tit nloeIrying to *l'orp1sor said thatt al:l hoI'i 1reweirirg her " liniry I 19ee be there." l,es rot know (ermwell, Ilik 'vi(c it ktirw L.yrr.' would 1ll: fil' inl, a Irnx.malking frlre fair kin," ohi, (lie best friendI of Faith Hrn. Ih. "l.ya has v of autoinraton0, it really "he ca||'t stay mt ill Ihe "rt lvihorse Irrarria.e IH Kern last yrrr eapl-iicd. sun. I'll) just the opposite. I have it h why I like the beach so ,,va recelltly a.uttntled. nirli darker ,skin." rf1l %ncialie,. evel stay Robb sid he h no recoile01cti, 1,(Jl I recalled Robh as.the and have a1 of I(crn but said lie night have hcen One friend out lile once itt a while. at a Virinia Beach iliotographed with hli at a volley- life of the party Fiod tine, Ill a less gtiarrled way. niw Of Rnhb's golf. hall tournamet. Vulhcyball Isoli uf o'lice hot.orlil I'cnI dvltrlrt there expect that." Roger Malhoti, as lthemai activities at the beach, nd ir - part era. 'N NIliy 3 story in tile Richi elol Rolb 'imtilt have l.olil is air elthu.siatic pariticiplit. "Mr. flciocrit." 1 rninC5.l Il il Sbltirtgld a federal Nal there," said and otlh- 'l'ifres-vipatct on May 3 ulaicerl with every 'urc' as riyiir that Kern The lactivity of Kern's lawyrrs ns lhe frictnd, dding that sch er t idrilitir1I ,vititesses said that rItioted vile L)r.il Eitiorce- is u -uulbccauue "'Chuck Isn't lie - ver IiI' l.rst live yf.rs alld Olt ru" ,;'yilrg ithat ercral l aKelt told world's. best dancer. Uy tie el of irr ncr iatiOlS,"Rohh attetd'd tetit Adliiiistratint ieeti irhtrt- tireevenin. lie was sweallli like a1 icrCihlrorrt pirtie.S where guests him tlr t Robb had graphed last fall' at Kerns house 'pig." L'SeI c'"',lire. Smith -laid oilier partying pals of nt rlirg se." Sollitli while it was under surveiliaitce. "We'r whom are conservative lIre 1h atlorisey later chnrgd tlre Rtobb. 'all of 1,1:4, 1111t we cnmnt puaraitce is very irt said ally pictures r4 t)etncrats-aid Chuck errli I l ,1rt16(yI nf 11tile peorle" wvhnatletirt Pirarcitly coniservativC," include Jerry pI'tties that s tilih .,11d lbb rirl Ker tolgrlthcr tile Itrgr ronfii- Mioralrd, the owner of a chain of lher-4 lin( at tleir waterfront were taken Iiy lnicrls ind i who invented a pro. people." cited ty federal aulhorities durirrg supcrinarkets lhtiirs. "People briig other bamnns while a scarch of Kcrn's house. The cers for ripcniutg Sirr1t1 -id. shlpjuinR thei to Norfolk (rmm naive, or hrorrse Irs Iceet seized by lhe fcd- "I rlor't.wntrt to sntettd America; Edwin S. Rullin. holir~lln-t o bbRrhsaid, "but eral govrrimientt .d will be sold as South arrairge- 47. a Thornp.on partner who owns I've i11y trever ill my life pos. part of Kern's plea bargain about six bars and restaurants; Dart druig. ntrd wiet. llyr.td form of iileg.l Fry, a develnper, and John A.spit- a so- As gcvernor, Rohb oftei spent a I 'va. rever Aware of being at wall, a inovinig and storalle cosifpany using iight or weekend st a mhoest cot- cial event where riyono was chief owner. it." tage, reserved for the state's or poyseiMnIgR he first heard gossip executive, at Caip 'endeltoit, an lfobh said Stclh slaenlieitsare cosAintellt link him to drug users ocean-iront base of the Virginia Na- ,, atlmoplioil to with the portrait.pltited by Itubb at"thee' bOech'but-' moth ago, jut- llossal Guard Just south of Virginia ail,It icr,, of Ive slrnit-lced, one his friends called to re- Inexperleiced for- each's iAin 'colnutercll strip. %vlleri j.lwet, pnlitically put. "a very clear fenIlg that a Corps honor giuard "It was lily salnctuary, lily re. ier MInirhc Pi -fod ptry was beig used for po. who. 1) years niter marrying the trent," Robb, aId. Now that he no longer is ill irlhlie liticnt trurposes.* cli tr (1'T~lrt'er of l'resldent Junt that clarge," ltlbb office, lie visits the honier of his 'I dmit miake ,^ni, wli 'leacted lictittant govcrtn- noted that "the poteit- frieds, includiiig Swith'. IfRoblb si(l.